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126th AVE. LANDFILL v. DEPT. OF ENVIRON.

No. 97-01568.

712 So.2d 2 (1998)

126th AVENUE LANDFILL, INC. Appellant, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.

District Court of Appeal of Florida, Second District.

January 23, 1998.

Attorney(s) appearing for the Case

Daniel B. Schuh, St. Petersburg, for Appellant.

Jeanne Elias and Thomas M. Beason, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellee.

NORTHCUTT, Judge.

126th Avenue Landfill challenges a summary final judgment awarding civil penalties to the Department of Environmental Protection. We reverse and remand for further proceedings because we conclude that the trial court should have considered whether the remedy the department sought was inappropriate. See § 120.69, Fla. Stat. (1995).

In August 1992, the landfill and the department entered...

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